[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3462 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3462

 To provide anti-retaliation protections for antitrust whistleblowers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2012

  Mr. Leahy (for himself, Mr. Grassley, and Mr. Kohl) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide anti-retaliation protections for antitrust whistleblowers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Criminal Antitrust Anti-Retaliation 
Act''.

SEC. 2. AMENDMENT TO ACPERA.

    The Antitrust Criminal Penalty Enhancement and Reform Act of 2004 
(Public Law 108-237; 15 U.S.C. 1 note) is amended by adding after 
section 215 the following:

``SEC. 216. ANTI-RETALIATION PROTECTION FOR WHISTLEBLOWERS.

    ``(a) Whistleblower Protections for Employees, Contractors, 
Subcontractors, and Agents.--
            ``(1) In general.--No person, or any officer, employee, 
        contractor, subcontractor or agent of such person, may 
        discharge, demote, suspend, threaten, harass, or in any other 
        manner discriminate against a whistleblower in the terms and 
        conditions of employment because--
                    ``(A) the whistleblower provided or caused to be 
                provided to the person or the Federal Government 
                information relating to--
                            ``(i) any violation of, or any act or 
                        omission the whistleblower reasonably believes 
                        to be a violation of the antitrust laws; or
                            ``(ii) any violation of, or any act or 
                        omission the whistleblower reasonably believes 
                        to be a violation of another criminal law 
                        committed in conjunction with a potential 
                        violation of the antitrust laws or in 
                        conjunction with an investigation by the 
                        Department of Justice of a potential violation 
                        of the antitrust laws; or
                    ``(B) the whistleblower filed, caused to be filed, 
                testified, participated in, or otherwise assisted an 
                investigation or a proceeding filed or about to be 
                filed (with any knowledge of the employer) relating 
                to--
                            ``(i) any violation of, or any act or 
                        omission the whistleblower reasonably believes 
                        to be a violation of the antitrust laws; or
                            ``(ii) any violation of, or any act or 
                        omission the whistleblower reasonably believes 
                        to be a violation of another criminal law 
                        committed in conjunction with a potential 
                        violation of the antitrust laws or in 
                        conjunction with an investigation by the 
                        Department of Justice of a potential violation 
                        of the antitrust laws.
            ``(2) Limitation on protections.--Paragraph (1) shall not 
        apply to any whistleblower if--
                    ``(A) the whistleblower planned and initiated a 
                violation or attempted violation of the antitrust laws;
                    ``(B) the whistleblower planned and initiated a 
                violation or attempted violation of another criminal 
                law in conjunction with a violation or attempted 
                violation of the antitrust laws; or
                    ``(C) the whistleblower planned and initiated an 
                obstruction or attempted obstruction of an 
                investigation by the Department of Justice of a 
                violation of the antitrust laws.
            ``(3) Definitions.--In the section:
                    ``(A) Person.--The term `person' has the same 
                meaning as in subsection (a) of the first section of 
                the Clayton Act (15 U.S.C. 12(a)).
                    ``(B) Antitrust laws.--The term `antitrust laws' 
                means section 1 or 3 of the Sherman Act (15 U.S.C. 1, 
                3) or similar State law.
                    ``(C) Whistleblower.--The term `whistleblower' 
                means an employee, contractor, subcontractor, or agent 
                protected from discrimination under paragraph (1).
    ``(b) Enforcement Action.--
            ``(1) In general.--A whistleblower who alleges discharge or 
        other discrimination by any person in violation of subsection 
        (a) may seek relief under subsection (c) by--
                    ``(A) filing a complaint with the Secretary of 
                Labor; or
                    ``(B) if the Secretary has not issued a final 
                decision within 180 days of the filing of the complaint 
                and there is no showing that such delay is due to the 
                bad faith of the claimant, bringing an action at law or 
                equity for de novo review in the appropriate district 
                court of the United States, which shall have 
                jurisdiction over such an action without regard to the 
                amount in controversy.
            ``(2) Procedure.--
                    ``(A) In general.--A complaint filed with the 
                Secretary of Labor under paragraph (1)(A) shall be 
                governed under the rules and procedures set forth in 
                section 42121(b) of title 49, United States Code.
                    ``(B) Exception.--Notification made under section 
                42121(b)(1) of title 49, United States Code, shall be 
                made to the person named in the complaint and to the 
                employer.
                    ``(C) Burdens of proof.--A complaint filed with the 
                Secretary of Labor under paragraph (1) shall be 
                governed by the legal burdens of proof set forth in 
                section 42121(b) of title 49, United States Code.
                    ``(D) Statute of limitations.--A complaint under 
                paragraph (1)(A) shall be filed with the Secretary of 
                Labor not later than 180 days after the date on which 
                the violation occurs.
                    ``(E) Civil actions to enforce.--If a person fails 
                to comply with an order or preliminary order issued by 
                the Secretary of Labor pursuant to the procedures in 
                section 42121(b), the Secretary of Labor or the person 
                on whose behalf the order was issued may bring a civil 
                action to enforce the order in the district court of 
                the United States for the judicial district in which 
                the violation occurred.
    ``(c) Remedies.--
            ``(1) In general.--A whistleblower prevailing in any action 
        under subsection (b)(1) shall be entitled to all relief 
        necessary to make the whistleblower whole.
            ``(2) Compensatory damages.--Relief for any action under 
        paragraph (1) shall include--
                    ``(A) reinstatement with the same seniority status 
                that the whistleblower would have had, but for the 
                discrimination;
                    ``(B) the amount of back pay, with interest; and
                    ``(C) compensation for any special damages 
                sustained as a result of the discrimination including 
                litigation costs, expert witness fees, and reasonable 
                attorney's fees.
    ``(d) Rights Retained by Whistleblowers.--Nothing in this section 
shall be deemed to diminish the rights, privileges, or remedies of any 
whistleblower under any Federal or State law, or under any collective 
bargaining agreement.''.
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